Bar Council Elections: BCI Files Application In Supreme Court Seeking Approval For Proposal On Co-Option Of Women Members

The Bar Council of India has filed an application in the Supreme Court seeking approval for proposal on 10% women's representation in State Bar Councils (beyond the 20% elected women members) through co-option of the highest-polling women candidates in the state bar council elections.

In a press note issued on Wednesday (May 20) the bar body has said:

"The Bar Council of India has, after careful deliberation and due consideration of the submissions made by stakeholders before the Hon'ble High Powered Election Supervisory Committee, submitted its final position regarding the co-option of women members in State Bar Councils to further the principle of adequate and meaningful representation of women in the statutory bodies of the legal profession. This issue concerns not merely filling seats, but the larger institutional objective, which is ensuring that women advocates, who constitute an indispensable and distinguished part of the legal fraternity, are given their rightful place in the representative structure of the Bar. The Bar Council of India approached this matter with sincerity, fairness, transparency and a deep sense of responsibility toward the legal profession as a whole.
As per the Bar Council of India, the Option A, as noticed in the order dated 13.04.2026 passed by the Hon'ble Supreme Court in Siva Kumari v. Union of India, should be adopted",

Notably, the Supreme Court had on April 13–in the matter relating to 30% women's reservation in the State Bar Council elections–requested the High-Powered Supervisory Committee headed by Justice (retired) Sudhanshu Dhulia to decide the manner in which 10% co-option of women candidates is to be carried out. In December last year, the Supreme Court had directed that the Bar Councils must ensure 30% women's reservation. To address the contingency of inadequate women candidates competing, the Court had clarified that 10% of those positions can be filled up by way of co-option.

Pursuant thereto, the BCI has said that as per the approach mentioned in the April 13 order, co-option is to be made from among the contesting women candidates who secured the highest number of votes but could not be declared elected within the contemplated 20 percent representation for women.

The Bar body has said that it considers this approach as fair, objective, transparent and least susceptible to arbitrariness, since it is founded upon the mandate already expressed by the advocate electorate during the election process. Such a mechanism respects the democratic will of the Bar, while simultaneously advancing the noble constitutional and institutional objective of securing adequate representation of women in State Bar Councils, the BCI has said.

"The Bar Council of India has also filed an appropriate application before the Hon'ble Supreme Court seeking necessary directions in this regard, so that the matter may be resolved with clarity, fairness and finality," the press note says.